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Alleged rapist 'knew he had HIV'
31/07/2007 12:52 - (SA)
Scottburgh - Three men accused of raping three women on the KwaZulu-Natal south coast pleaded not guilty in the Scottburgh High Court on Tuesday.
Mthokozisi Mbambo, 29, Sithembiso Shelembe, 23, and Wonder Mchunu, 26, allegedly raped three Durban women at a beach house in Pennington, south of Scottburgh, on December 29 last year.
They are further accused of attacking and robbing another couple later that night. Mbambo also pleaded not guilty to attempted murder.
In the indictment before the high court sitting in Scottburgh it emerged on Monday that Mbambo was diagnosed as being HIV-positive "as far back as 2000".
The indictment said that Mbambo raped the women "in spite of his knowledge of the potential transmission of a virus leading to fatal consequences".
All three face charges of rape, indecent assault, robbery with aggravating circumstances.
The case was due to start on Monday, but Judge Leona Theron adjourned the case until Tuesday after the counsel for Mchunu withdrew.
New counsel was appointed for Mchunu.
Mbambo's advocate Anneliese Harrrison told the court that he was nowhere near the crime scene, but in the company of his brother Xolani Mambo, on the night.
Advocate Abdul Khan said his client, Mchunu, would argue that he was at home with his sister.
Shelembe's legal counsel Advocate Deon Govender told the court that Shelembe would "elect to remain silent".
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